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Session Laws, 1974
Volume 713, Page 357   View pdf image
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MARVIN MANDEL, Governor                                   357

ABOUT THE BUILDING, INCLUDING THE DRILLING AND
INSTALLATION OF WELLS FOR THE PURPOSE OF SUPPLYING WATER,
THE CONSTRUCTION OR INSTALLATION OF ANY SWIMMING POOL,
THE SODDING, SEEDING OR PLANTING IN OR ABOUT THE PREMISES
OF ANY SHRUBS, TREES, PLANTS, FLOWERS, OR NURSERY
PRODUCTS OF ANY KIND OR DESCRIPTION AND THE GRADING,
FILLING, LANDSCAPING, AND PAVING OF THE PREMISES.

(B) EXEMPTIONS.

HOWEVER, NO BUILDING OR THE LAND ON WHICH IT
[[SITS]] IS ERECTED IS SUBJECT TO A LIEN PROVIDED IN
SUBSECTION (A), IF IT IS PROVED BY EVIDENCE THAT ALL THE
MONEY DUE FOR WORK CONTRACTED AND MATERIAL FURNISHED IN
REPAIRING OR CONSTRUCTING THE BUILDING HAS BEEN PAID TO
ANY NATURAL PERSON, FIRM, OR CORPORATION WHO ACTUALLY
PERFORMED THE LABOR OR SUPPLIED THE MATERIALS AND THE
BUILDING HAS BEEN GRANTED TO A BONA FIDE PURCHASER FOR
VALUE WITHOUT NOTICE.

REVISOR'S NOTE: This section presently appears; as
Art. 21, §9-101 of the Code. This section is
divided into subsections for organizational
purposes.

New language is added to subsection (b) to

indicate that "person" as used in this section
refers only to a "natural person" and, thus,

it is apparent from the context that the

standard definition in §1-101(j) is not

applicable. The only other changes are in
style.

9-102. EXTENT OF LIEN.

(A)   LAND.

THE LIEN SHALL EXTEND TO THE LAND COVERED BY THE
BUILDING AND TO AS MUCH OTHER LAND, IMMEDIATELY ADJACENT
AND BELONGING IK LIKE MANSER TO THE OWNER OF THE
BUILDING, AS MAY BE NECESSARY FOR THE ORDINARY AND USEFUL
PURPOSES OF THE BUILDING. THE QUANTITY AND BOUNDARIES OF
THE LAND MAY BE DESIGNATED AS PROVIDED IN THIS SECTION.

(B)   DESIGNATION OF BOUNDARIES.

AN OWNER OF ANY LAND WHO IS DESIROUS OF ERECTING ANY
BUILDING OR OF CONTRACTING WITH ANY PERSON FOR ITS
ERECTION MAY DEFINE IN WRITING THE BOUNDARIES OF THE LAND
APPURTENANT TO THE BUILDING BEFORE THE COMMENCEMENT OF
CONSTRUCTION, AND THEN FILE THE BOUNDARIES FOR RECORD WITH
THE CLERK OF THE CIRCUIT COURT OF THE COUNTY. THE
DESIGNATION OF BOUNDARIES SHALL BE BINDING ON ALL
PERSONS. IN DEFAULT OF THE DESIGNATION OF BOUNDARIES

 

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Session Laws, 1974
Volume 713, Page 357   View pdf image
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